Delegated Legislation

HideShow resource information
  • Created by: Katie
  • Created on: 04-01-13 12:26
View mindmap
  • Delegated Legislation
    • Orders in Council
      • Made by Queen and Privy council
        • Pm and other leading members of government.
      • Misuse of Drugs act (amendment) order
        • Cannabis downgraded B>C then upgraded again C>B
      • Afghanistan Order 2001
        • Made it an offence to make funds available to Bin Laden or the Taliban or any person connected to either
      • Extradition (Terrorist bombings) order 2002
        • Allowed for persons suspected of terrorist activities to be extradited for questioning and trial
    • Statutory Instruments
      • Rules and regulations made by Government ministers
        • Must consult affected bodies first
        • 15 government departments
      • Chemicals Regulations 2009
        • Minister for work and pensions.
          • EU Communities act 1972
        • Regulates Hazard info and packaging for supply
      • Undersized Spider Crabs order
        • Unlawful to 'land' any spider crabs below 130mm.
        • Made under Sea Fish (Conservation) act 1967
      • PACE 1984
        • Police codes of practice i.e: stop, search, arrest and detention.
        • Minister for Justice
          • Police and criminal evidence act 1984
    • By-Laws
      • Made by local authorities for 'the benefit of their community'
      • E.g.:
        • Alcohol free zones
          • Criminal Justice and Police Act 2001
        • Traffic Control
        • Banning bikes in local parks
      • London Undeground
        • Banned smoking on the Tube after the King's Cross fire
      • Arriva Trains
        • Banned loitering and drinking at station and on trains after much antisocial behaviour
        • Railways act 1993
    • Disadvantages
      • Lack of publicity
      • Lack of effective scrutiny and control
      • Conflicts with the separation of powers principle
      • Obscure language and complex
      • Sub-delegation
      • Large volume of DL
      • Undemocratic
    • Advantages
      • Allows for consultation
      • Technical expertise
      • Saves time
        • Emergency Situations
      • Saves parliamentary time
      • Easy to change/ amend
    • Control
      • Judicial
        • Doctrine of separation of powers
          • Crucial that DL is open to challenge in court
            • Can only challenge if affected by it
        • Ultra Vires
          • Procedural
            • Failing to follow a relevant procedure set out in the PA
          • Substantive
            • Body does something that goes beyond powers given in PA
        • NUT
          • SI setting conditions for appraisal and access to higher rates of pay for teachers
            • Substantive ultra vires
              • Education act 1996
            • Also procedural ultra vires
              • Only 4 days allowed for consultation
          • High Court
        • Aylesbury Mushrooms
          • Minister failed to consult the Mushroom Growers Association (85% of all mushroom growers) when passing a SI implementing a training board.
            • Procedural ultra vires
        • Strickland v Hayes BC
          • BL prohibiting the singing or reciting of any obscene song or ballad and swearing in general
            • Too widely drawn (public and private acts)
        • Fire Brigades Union
          • H.S tried to substitute his own scheme in place of the Criminal Injuries Compensation scheme ( CJA 1988)
            • Substantive Ultra Vires
      • Paliamentary
        • Super-affirmative resolution
        • Negative resolution
          • Becomes law unless rejected within 40 days
        • Questions in Parliament
        • Affirmative resolution
          • Not become law unless approved
        • Joint select Committee
          • Checks SIs
            • Is it 'ultra vires' or 'unusual'?
            • Does it have a retrospective  effect?
            • Is it unclear or defective?
            • Does it impose a charge or tax?
        • Scrutiny Committe
          • House of Lords
          • Checks Bills
        • Enabling Act
          • Initial control over Delegated Powers

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Delegated legislation resources »